The EB-5 immigrant investor category is the one green card that does not depend on an employer sponsoring you, a family member petitioning for you, or proving extraordinary ability. Instead, you invest in a new U.S. business, that business creates jobs for American workers, and the law lets you and your immediate family become permanent residents. It is a powerful path — and also the one with the most moving financial and legal parts. This page explains how EB-5 actually works in 2026, what the law requires, where cases run into trouble, and how we approach them.

What the EB-5 category is

EB-5 is the employment-based fifth-preference immigrant classification created by Congress at INA § 203(b)(5) and governed by the regulations at 8 C.F.R. § 204.6 and the USCIS Policy Manual, Volume 6, Part G. In 2022 Congress overhauled the program through the EB-5 Reform and Integrity Act (RIA), which reauthorized the regional center program through September 30, 2027, set new investment amounts, created reserved visa categories, and added integrity and source-of-funds rules. Any EB-5 analysis today has to start from the RIA, not the older framework.

The deal Congress offers is straightforward in outline: invest the required capital in a new commercial enterprise, keep that capital genuinely at risk, and create at least ten full-time jobs for qualifying U.S. workers. Do that, and you, your spouse, and your unmarried children under 21 can obtain green cards.

Who EB-5 is for

EB-5 tends to make sense for a specific kind of person: someone who has lawfully accumulated significant capital and wants permanent residence without tying it to a job offer or a sponsoring relative. We most often see it used by foreign entrepreneurs and business owners, families who want to secure status for a child before they age out, professionals stuck for years in the employment-based backlogs of other categories, and investors who are already active in the United States. Because the reserved-visa categories created by the RIA currently have shorter waits, EB-5 has also become a realistic option for nationals of heavily backlogged countries who once viewed it as out of reach.

How much you have to invest

Under the RIA, the minimum qualifying investment for fiscal year 2026 is:

  • $1,050,000 for a standard investment; or
  • $800,000 if the investment is in a targeted employment area (TEA) — a rural area or an area of high unemployment — or in a qualifying infrastructure project.

These figures were set by the RIA in 2022 and, by statute, adjust for inflation only on a five-year cycle. USCIS has confirmed the amounts do not change during fiscal year 2026; the next scheduled adjustment is expected on or about January 1, 2027. Anyone planning an EB-5 investment should confirm the current amount before wiring funds, because that adjustment is coming.

What the law actually requires

1. A new commercial enterprise

The capital must go into a new commercial enterprise — broadly, a for-profit business formed for the ongoing conduct of lawful business. It can be a business you build and run yourself (a direct investment) or, far more commonly, a project sponsored by a USCIS-designated regional center that pools investors. The choice between a direct deal and a regional center shapes everything else about the case, from how jobs are counted to how much day-to-day control you have.

2. Capital genuinely at risk

The investment must be truly at risk of loss, with a corresponding chance of gain — a guaranteed return or a promise to buy your interest back defeats EB-5. Under the RIA the capital generally must be sustained for at least two years, a meaningful change from the old open-ended rule that you should plan around carefully.

3. Ten full-time jobs

The enterprise must create at least ten full-time positions for qualifying U.S. workers (U.S. citizens, lawful permanent residents, and other authorized workers — not you or your family). In a direct case those are usually W-2 employees of the business. In a regional center case, the law allows indirect and induced jobs calculated by an economic methodology, which is one of the main reasons most investors choose regional centers.

4. Lawful source and path of funds

This is where modern EB-5 cases are won or lost. You must prove, with documents, that the invested capital and the funds used to pay administrative fees were obtained lawfully — and trace the money from its origin to the project. The RIA tightened these requirements considerably. Salary, business profits, the sale of property, gifts, loans, and inheritance can all qualify, but each has to be documented to the dollar.

The two paths: regional center vs. direct

Most EB-5 investors today go through a regional center because of the favorable job-counting rules and because it is a more passive investment. The trade-off is that you are relying on someone else’s project and economic projections, so due diligence on the project and the regional center matters enormously. A direct investment gives you control and can suit a genuine entrepreneur, but you must create ten direct W-2 jobs yourself, which is a high bar for many businesses. We help clients think through which path fits their goals, capital, and appetite for involvement before any money moves.

The EB-5 process, step by step

1. Source-of-funds preparation

Before anything is filed, we build the lawful-source-of-funds record — often the most labor-intensive part of the case.

2. Invest and file Form I-526E (or I-526)

You make the investment and file the immigrant petition: Form I-526E for a regional center investment, or Form I-526 for a standalone (direct) investment, establishing that you meet every requirement.

3. Get the green card — adjustment or consular processing

Once a visa is available, you either file Form I-485 to adjust status inside the United States or complete consular processing abroad through the Department of State. A significant RIA benefit: an investor who is already in the U.S. in a valid status and whose priority date is current may file the I-526E and I-485 concurrently, which can include work and travel authorization while the case is pending.

4. Two years of conditional residence

EB-5 green cards are issued on a two-year conditional basis, the same way marriage-based cases are.

5. Remove conditions with Form I-829

In the 90 days before the conditional residence expires, you file Form I-829 to prove the investment was sustained and the required jobs were created. When USCIS approves it, the conditions come off and you hold a permanent (10-year) green card on the road to citizenship.

Reserved visas and the country backlogs

The RIA set aside a share of EB-5 visas each year for specific project types: 20% for rural projects, 10% for high-unemployment areas, and 2% for infrastructure projects. Because relatively few investors have used these set-aside categories so far, they have often carried shorter waits than the standard EB-5 line — which has made rural and high-unemployment TEA projects especially attractive to investors from backlogged countries. Visa availability shifts month to month in the Department of State Visa Bulletin, so this is something to check in real time, not assume.

Where EB-5 cases go wrong

The denials and delays we see almost always trace back to a handful of issues: a source-of-funds record with gaps that cannot be closed later; a regional center project whose job-creation projections do not hold up; capital structured in a way that is not genuinely at risk; a TEA designation that does not survive scrutiny; and investors who treat the I-829 stage as an afterthought, only to find the jobs were never documented. Many of these are avoidable with the right groundwork before filing — which is exactly where careful lawyering earns its keep.

How we approach EB-5

EB-5 rewards preparation over speed. We start by pressure-testing whether EB-5 is even the right category for you, or whether something like the EB-2 national interest waiver or an E-2 treaty investor visa would serve you better at lower cost. If EB-5 is the right tool, we build the source-of-funds record to withstand scrutiny, scrutinize the project and regional center, and structure the case with the I-829 stage already in mind, so the finish line is not a surprise. Because we work across the full range of immigration law rather than a single niche, we can compare EB-5 honestly against the alternatives instead of selling the only product on the shelf.

We also do not do this alone. On every EB-5 case, we co-counsel with Brandon Meyer of Meyer Law Group — a recognized leader in the EB-5 industry with over 25 years of experience focused on EB-5, and a member of IIUSA (the EB-5 industry association) and AILA. Mr. Meyer holds a distinction that is rare in this field: he is licensed by the SEC to recommend EB-5 projects and to act as a broker for them. Many immigration attorneys recommend EB-5 projects to their clients; very few hold the securities licensing to lawfully do so. That matters, because an EB-5 investment is a securities transaction as much as an immigration filing.

Here is why that structure serves you. An EB-5 case is almost never a question that stands alone — it sits inside a larger plan: your current status and how to protect it while the case is pending, a spouse’s work authorization, children whose eligibility depends on careful timing, the choice between adjustment and consular processing, and whether EB-5 is even the right vehicle compared with an NIW, E-2, or L-1 — or is best combined with one of them. We ask those questions first and keep the overall plan coherent through the I-829 and, ultimately, citizenship. If you invest through a regional center, we rely on Mr. Meyer to recommend the project — that is exactly what his SEC licensing permits. And if you are making a direct EB-5 investment in your own enterprise, we are hands-on throughout, building the source-of-funds and job-creation record with the individualized attention, relentless brainstorming, and persuasive presentation an investment of this size deserves.

Frequently asked questions

How much do I really need to invest?

For fiscal year 2026, $800,000 in a targeted employment area or infrastructure project, or $1,050,000 otherwise — plus separate administrative and legal fees. Confirm the figure before investing, as it is scheduled to adjust for inflation around January 1, 2027.

Do I have to run the business myself?

No. EB-5 requires that you be involved in management or policy, but in a regional center investment that involvement can be limited (for example, as a limited partner). Investors who want a passive investment generally choose a regional center.

Can my family get green cards too?

Yes. Your spouse and your unmarried children under 21 are included as derivatives on the same petition.

Is my money guaranteed?

No — and it cannot be. EB-5 law requires that the capital be genuinely at risk. Any project promising a guaranteed return or buy-back is a red flag both for your investment and for your immigration case.

How long does EB-5 take?

It depends heavily on your country of birth, the project type, and USCIS processing times, which change. Reserved-visa categories have generally moved faster than the standard line. We give every client a realistic, current timeline rather than a generic estimate.

Talk to us about your EB-5 case

EB-5 is a serious financial and legal commitment, and the right answer is sometimes a different visa entirely. If you are weighing an investment-based green card, we will give you a candid assessment of whether EB-5 fits, what it will take, and how to protect both your money and your status. Book a consultation to talk it through, or learn more about our full range of immigration practice areas.

This page provides general information about U.S. immigration law and is not legal advice. EB-5 eligibility depends on the specific facts of your case and on rules that change; please consult an attorney before acting.